Murphy v. Frank B. Hall & Co.

Acting as plaintiff’s agent, defendant effected fire insurance for plaintiff in two British companies, *418not admitted here and without property here, without disclosing those facts to plaintiff, and plaintiff did not have knowledge thereof. That was a breach of duty on defendant’s part and was actionable. (Ins. Law, §§ 49, 50; Penal Law, § 1199; Burges v. Jackson, 18 App. Div. 296; affd., 162 N. Y. 632; Shepard v. Davis, 42 App. Div. 462, 469; Landusky v. Beirne, 80 id. 272, 274; affd., 178 N. Y. 551.)

Next, defendant acted for plaintiff in the collection of the loss and, while so acting,…